VDA. DE VILLANUEVA vs.

JUICO

4 SCRA 550
FACTS:
On 9 October 1908, Don Nicolas Villaflor, penned a will in Spanish, bequeathing in favor of his
wife, Doña Fausta Nepomuceno, one-half of all his properties, giving the other half to his
brother. Don Nicolas died on 3 March 1922 childless.
His wife was appointed as judicial administratix in the settlement proceedings instituted in CFI
Zambales. In 24 November 1924, Fausta, by virtue of an approved project partition, received the
ownership and possession of a considerable amount of estates, and the use and possession of all
properties mentioned in Clause 7th of the will.
In the 8th clause, the will provides that Fausta is bequeathed the “use and possession of all
properties mentioned in clause 7th while she is still alive and does not remarry”, otherwise the
properties will go to Nicolas’ grandniece. On 1 May 1956, Doña Fausta died childless and still
not remarried. On 8 February 1958, plaintiff instituted special proceeding in CFI Rizal against
defendant Juico, the appointed administrator of Fausta’s estate admitting to be the Leonor
mentioned in the will as ‘grandniece’.
She contends that upon Fausta’s death, plaintiff became vested with ownership of the properties
mentioned in clause 7th pursuant to the 8th clause. Defendant argued that the title to the
properties became vested in Fausta upon her death on account of the fact that she never
remarried. The CFI decided in favor of defendant. Hence, the present petition.

ISSUE:
WON the petitioner is entitled to the ownership of the properties upon the death of Dona Faustina.

HELD:
The intention of the testator here was to merely give usufructuary right to his wife Doňa Fausta
because in his will he provided that Doňa Fausta shall forfeit the properties if she fails to bear a
child and because she died without having begotten any children with the deceased then it means
that Doňa Fausta never acquired ownership over the property. Upon her death, because she never
acquired ownership over the property, the said properties are not included in her estate. Those
properties actually belong to Villaflor. That was the intention of the testator. Otherwise, if the
testator wanted to give the properties to Doňa Fausta then he should have specifically stated in his
will that ownership should belong to Doňa Fausta without mentioning any condition.